Omni-Play Subscription Agreement · v2026-11-draft
1. What this agreement is
This is the agreement between Omni Play Software LLC ("Omni-Play," "we," "us") and the business named on the application ("you") for use of the Omni-Play venue-management platform. By checking the agreement box, typing your signature, and submitting your application — or by otherwise accessing or using the platform — you agree to these terms. It takes effect on the day you submit your application and accept these terms. Omni-Play opens to customers on November 6, 2026, so your paid subscription begins on the start date you choose — a date on or after November 6, 2026, and up to 90 days after that.
2. What you get
Your subscription includes these platform features, as they exist on your start date — point of sale, timed admissions, party and event booking, memberships and recurring billing, digital waivers, gift cards, guest CRM, café/retail, roles and permissions, time clock, and reporting — on unlimited devices and registers. There are no per-module licenses and no per-device fees for those features. We may release new features later. We decide whether a new feature is included in your subscription or offered separately for an additional fee, and we tell you the price before we charge you for it. We grant you a limited, non-exclusive license, revocable only as this agreement allows, to use the platform for your venue while your subscription is active. It is a license to use the service, not a transfer of ownership: we keep all rights in the platform, its software, and its brand.
Marketing email is limited. A Founding Member subscription includes up to 5,000 marketing emails per month at no charge. Marketing email means campaigns you send to guests through Omni-Play; receipts, booking confirmations, and other transactional email don't count toward the limit. When your account reaches the limit, Omni-Play stops sending marketing email until the next calendar month. The free allowance applies to Founding Member subscriptions only. We can raise or remove the limit for an account that pays for additional sending, and we agree the terms with you in writing first.
3. Price and billing
Your monthly rate is the one shown on your application: $149/month (Founding Member) or $249/month (Standard), per venue. A venue is one physical location. If you run five or more locations, contact us for a plan that fits your group. Billing is monthly, in advance, starting on your start date and on the same day of each month after that. Founding Member pricing is locked for 12 months from your start date. The lock covers the monthly subscription rate. It doesn't cover usage-based charges or optional add-ons you choose to buy, and features included on your start date stay included while the lock lasts. After any rate lock ends, we give you at least 30 days' written notice before a price changes. Our prices exclude applicable sales taxes. You are solely responsible for determining, setting, collecting, and remitting all correct local, state, and federal taxes on your sales. Omni-Play is a software tool, not a tax advisor or a tax collecting agent.
4. The $50 deposit
A $50 deposit is due when you complete your application checkout. The deposit is non-refundable. When your subscription starts, we credit it in full against your first month's invoice. If you cancel before your start date, or you never start your subscription, we keep the deposit.
5. Term and cancellation
Your subscription is month to month — there is no long-term contract. Cancel any time from your account or by writing to us; cancellation takes effect at the end of the billing period already paid for, and we don't charge partial-month penalties or cancellation fees. We may end this agreement for cause if you materially breach it and don't fix the problem within 10 days of our written notice, or immediately if you do something Section 9 lists as grounds for suspension. If we end the agreement for cause, Section 6 still applies and you can export your data for 30 days.
6. Your data is yours
Everything you put into Omni-Play — guests, sales, memberships, waivers, reports — belongs to you. You can export it at any time while subscribed, in CSV or JSON format, and we'll help. We do not sell your data or your guests' data, ever. After cancellation, your data stays available to export for 30 days; after that window, we permanently delete it and can't recover it, so export what you need before then. Your signed waivers are part of that data: export your waiver records before you cancel, and keep them for as long as the law and your insurance require.
7. Onboarding, support, and service availability
We handle white-glove setup at no charge. When you report an issue, we get back to you in a reasonable timeframe. We prioritize issues that keep you from running your venue, such as a register that can't ring up sales. We aim to respond quickly, but we don't guarantee a specific response or resolution time. We schedule routine maintenance outside your venue's typical peak hours and give at least 48 hours' notice by email, except for emergency security fixes. We work to keep the platform available around the clock, but we don't guarantee it will be available without interruption, and we aren't liable for lost revenue, lost profits, or other damages caused by downtime — including an outage of your internet service, our cloud hosting providers, or Stripe. We aren't responsible for the performance of hardware, your network infrastructure, or third-party peripherals (receipt printers, card readers, scanners, cash drawers, and the like) that Omni-Play doesn't manufacture.
8. Payment processing and card data
You keep a valid payment method on file with our payment processor, Stripe. Payments are tokenized: Omni-Play never sees or stores a full card number, and Stripe — not Omni-Play — handles cardholder data under its own PCI-DSS compliance program. You're responsible for the security of your own terminals, registers, and network: for example, keeping your venue's Wi-Fi secured and never writing down, photographing, or storing a full card number on a local device. Payout schedules, chargeback disputes, and processing fees are governed directly by Stripe's own terms and are between you and Stripe; Omni-Play isn't responsible for a payout delay, a chargeback outcome, or a hold Stripe places on your Stripe account. Omni-Play doesn't charge a fee on your card payments. If we add one, we give you at least 30 days' written notice and state the rate, and we don't describe it as Stripe's fee. If a renewal charge to us fails, we'll retry it and notify you; your Omni-Play subscription may be suspended if an invoice to us remains unpaid for 15 days, and reactivated as soon as it's settled.
9. Acceptable use
Use Omni-Play for running your venue and only in lawful ways. Don't resell access, probe or disrupt the service, process an illegal transaction through it, or use its guest-tracking or occupancy features to monitor, surveil, or profile children beyond what's needed to run your venue safely — capacity counts, session timers, and admissions. Don't upload content you don't have the right to use. Each staff member uses their own login. We may suspend or restrict your access immediately, without prior notice, if your account is compromised, you make fraudulent sales, you attempt to breach the platform's security, or you conduct illegal activity. We restore access once the problem is resolved, unless we end the agreement for cause under Section 5. Fees keep accruing while your account is suspended under this section. Suspension for an unpaid invoice works differently and is covered in Section 8.
10. Digital waivers and guest data release
Omni-Play provides a digital waiver tool as a convenience — you write the waiver text, decide who must sign it, and collect the signature; we store what's signed. You're solely responsible for the legal enforceability, text accuracy, age-of-consent validation, and storage/retention compliance of your waivers under the laws of your state and locality, including getting a parent's or guardian's signature when the law requires it. Omni-Play doesn't provide legal advice and doesn't guarantee that any waiver you build or collect through the platform will hold up if it's challenged. Your waiver records are part of your data under Section 6: export them before you cancel, because we delete them 30 days afterward.
11. Disclaimers, indemnification, and limit of liability
Omni-Play is provided "as is." We work hard to keep it accurate and available, but we don't promise it will be uninterrupted or error-free, and you remain responsible for your own business decisions and for the compliance and safety obligations covered in Sections 8 and 10. Neither of us is liable for a failure to perform this agreement caused by something outside our reasonable control — a natural disaster, a widespread internet or utility outage, or an act of government, for example — for as long as that event lasts.
You defend and indemnify us. You agree to defend Omni-Play and hold it harmless from any third-party claim, and the resulting loss, expense, and reasonable attorneys' fees, that arises from: (a) an injury, illness, or incident at your venue or at an event you run, including a guest's injury claim; (b) your waivers, including their text, enforceability, and retention; (c) content you upload or publish, such as images, music, and descriptions; (d) texts and marketing email you send through the platform, including a failure to get the consent the law requires; (e) your collection or use of guest data without the consent the law requires; or (f) the taxes you charge, collect, or fail to collect on your sales. This doesn't apply to the extent we cause the claim through our breach of this agreement, our negligence, or our willful misconduct.
We defend you against infringement claims. We defend you against any third-party claim that the Omni-Play platform, as we provide it, infringes that party's intellectual property rights, and we pay the damages a court finally awards or that we agree to in a settlement. This doesn't apply to the extent your content, your changes to the platform, or a use this agreement doesn't allow causes the claim.
How a claim works. The party asking for protection tells the other party in writing promptly; a delay reduces the protection only to the extent it harms the defense. The protecting party controls the defense and settlement, and the protected party cooperates and may hire its own lawyer at its own cost. The protecting party can't settle a claim in a way that admits fault for, or places obligations on, the protected party without that party's written consent.
Insurance. Keep commercial general liability insurance that covers your venue and its operations for as long as you use Omni-Play, and give us proof of coverage if we ask.
Limit of liability. To the extent the law allows, our total liability under this agreement is capped at the fees you paid us in the 12 months before the claim, and neither of us is liable for indirect or consequential damages. The cap doesn't limit your duty to defend and indemnify us under this section, and the exclusion of indirect and consequential damages doesn't apply to amounts a third party recovers from a party this section protects.
12. Governing law and other legal terms
This agreement is governed by the laws of the State of Colorado, without regard to conflict-of-laws rules, and any dispute we can't resolve directly is decided in the state or federal courts located in Colorado. If any part of this agreement is found unenforceable, the rest stays in effect. This agreement is the entire agreement between us about your subscription, and it replaces any earlier discussion or proposal on the same subject.
13. Changes to this agreement
If we change these terms, we'll give you at least 30 days' notice by email before the change applies to you. If a change materially reduces what you're getting, you can cancel before it takes effect and we'll refund any unused prepaid period.
14. Platform attribution
Your Omni-Play online store shows a small "Sales powered by Omni-Play" line and logo in its footer, linking to the Omni-Play website (omniplaysoftware.com). This attribution is part of your standard subscription.
15. Privacy roles and security incidents
For the guest information you store in Omni-Play, you are the data controller: you own the decisions about that data and you are responsible for getting any privacy consent your guests need — including a parent's or guardian's consent for children where the law requires it, and consent to receive texts or marketing email. Omni-Play is the data processor (a service provider). As your processor, we use that data only on your instructions and to deliver the platform; keep it confidential and limit access to the people who need it to run the platform; use the service providers described in Section 16 only under written terms that protect the data; reasonably help you answer a guest's request to see or delete their data; and return or delete the data as Section 6 describes. If we confirm a security incident or data breach that affects your stored guest data or digital waivers, we give you reasonable notice and share what we know, so you can meet your own legal duties to notify your guests.
16. Third-party services
Omni-Play relies on third-party service providers, API services, and messaging gateways to deliver some features — for example, email marketing, payment processing, and cloud hosting. Those providers set their own terms, and we don't control them. We aren't responsible for their outages, delays, delivery failures, fees, or actions, or for any loss that results.
17. Feedback
Any feedback, feature requests, or suggestions provided by you regarding Omni-Play become our sole and exclusive property without any royalty or compensation to you. Feedback doesn't include your data, which stays yours under Section 6.
18. Electronic signature and records
You consent to do business with us electronically. You agree that checking the agreement box and typing your signature is a legally binding signature, and that this agreement and related notices may be delivered and kept in electronic form, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA) as adopted in your state.
19. Questions
Write to info@omniplaysoftware.com — a person will get back to you.